R P PATEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner R. P. Patel has approached this Court under Section 482, Cr.P.C. for quashing the complaint Annexure P-4 and the consequential proceedings including the summoning order and order dated 19-4-1995, framing charges against him (Annexure P-5).

(2.) Dr. Pawan K. Kalia, the Medical Officer cum-Food Inspector along with another Doctor visited the shop of Ramesh Kumar Chaurasia, Pan Shop, Gauran Gate, Hoshiarpur, on 3-3-1994. Ramesh Kumar, who was present, was having in his possession 60 packets of Pan Parag Gutka for public sale and human consumption. The Food Inspector demanded the sample of Pan Parag Gutka by serving notice on Ramesh Kumar and purchased 30 packets against proper receipt signed by Ramesh Kumar and attested by witnesses. These 30 packets were divided into 3 groups of ten packets each. Each group of ten packets was put into loose card board box which was wrapped in a thick paper. Each sample pack was fastened with a strong thread and sealed at six distinct points. The signature of Ramesh Kumar was obtained partially on the wrapper and partially on the paper slip, which was pasted (with Sr. No. 58499 Code No. YM 59/94 and signed by the Local Health Authority, Hoshiarpur). The Food Inspector also signed the sample packets. The spot memo was prepared, signed by Ramesh Kumar and attested by the witnesses.

(3.) One sample packet containing Pan Parag Gutka was sent to Public Analyst, Punjab, at Chandigarh, in a sealed cover, and the remaining two sample packets were deposited with the Local Health Authority, Hoshiarpur on the same day. The report of the Public Analyst showed that the sample was adulterated. The Public Analyst opined that the contents of the sample contained Tobacco whereas the addition of Tobacco in the Pan Masala is not permitted.